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Indybay Feature

Police Brutality On the Streets and in the Court: Deiss Pre-Trial 10 AM Wednesday Sept 3

by Robert Norse
Donna Deiss Yovino, represented by attorney Ben Rice, will be at a Preliminary Hearing 10 AM tomorrow either in Department 1 or Department 2 at the County Courthouse at 701 Ocean St. Sgt. Christian LeMoss broke her arm in what witnesses describe as an egregious and excessive use of force on May 9th at the Three Tree Lot out on Westcliffe Drive. Donna invites supporters to attend. There have been other serious incidents of police violence reported recently.

Donna, a disabled vehicularly housed woman over 60, may also be at the earlier 9:30 AM HUFF (Homeless United for Friendship & Freedom) meeting in the basement of the next door County Building at the American Cafe. She has regularly been reporting on continuing police harassment of homeless people and those whose housing is a vehicle.

Earlier today she reported that the same Sgt. LeMoss who assaulted her in May (and then charged her with "resisting arrest") also brutalized her support person Jason on Saturday night on Pacific Avenue. Also known as "P,B and J"J on the street, I hope to interview this man further as well as those who were witness to the incident, which happened somewhere around New Leaf Market around 10 PM August 30th. Please contact me at 423-4833 or e-mail me at rnorse3 [at] hotmail.com if you have any information. Or post here.

BRUTAL ASSAULT BY OFFICER WINSTON?
Another homeless man spoke out on the radio Sunday about being kicked in the face by a man he identified as Officer Winston while he slept on the levy under some cardboard. A second man corroborated his story but did not want to be identified. You can hear some of Billi's testimony archived on Free Radio Santa Cruz.(http://www.radiolibre.org/brb/brb080831.mp3 download and fast forward to the last hour of the show). I have video of Billi's badly bruised fully-closed right eye as well which he made in a videoed complaint to the SCPD, which I hope to present as a formal complaint when the tape is downloaded and duplicated.

Billi had spoken out a week before on Free Radio Santa Cruz, criticizing Officer Winston on Sunday August 24th (http://www.radiolibre.org/brb/brb080824.mp3 download and fast forward to an hour into the file). He believes Winston retaliated for the strong criticism by kicking Billi repeatedly in the face and body as he lay on the ground on the Levy near Long's Saturday night.

Billi expressed fear for his safety and is using a psuedonym here.

MORE BACKGROUND ON THE DEISS CASE
Earlier stories on LeMoss's assault on Deiss and the SCPD overcharging coverup of the case (which has been completely blacked out of the Sentinel and other media, though they've been informed):

60 Year Old Homeless Wolman Says Police Broke Her Arm
http://www.indybay.org/newsitems/2008/05/10/18498341.php

Sgt. LeMoss #114 Santa Cruz PD breaks arm of 60 year old disabled woman without cause
http://www.indybay.org/newsitems/2008/05/14/18499096.php

Donna Deiss facing 'resisting arrest' charge; all other charges dropped
http://www.indybay.org/newsitems/2008/06/25/18511178.php

Donna Deiss Update
http://www.indybay.org/newsitems/2008/07/17/18517112.php

Sgt LeMoss broke 60 year old woman's arm May 9
http://www.indybay.org/newsitems/2008/08/05/18523199.php


Earlier background on Deiss's activism defending the rights of disabled folks living in RVs and homeless people generally:

Harassment of Homeless in RVs, a Letter from Donna Deiss
http://www.indybay.org/newsitems/2007/10/08/18452903.php
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Comments (Hide Comments)
'Billi', whose real name is Corey Nathanial Chesney, made the following complaint under penalty of perjury to the SCPD's Professional Standards Unit (i.e. Internal Affairs). Specifically to Sgt. Warren Barry:

"I hitchhiked into town about 3-4 weeks ago and immediately started experiencing police harassment perpetrated by Officer Winston, Badge 164. I have multiple witnesses who for now shall remain anonymous, who will be able to confirm that I was indeed being harassed.

I went on the radio with Robert Norse on 101.1 and complained about Officer Winston. I admit that I made some rather vulgar comments about Winston, because I was angry about the situation. For the next week leading up to the assault, I was not harassed. I did not even see Winston. So I thought that it was over; I was wrong.

I was asleep on the levee behind the bank across from Long's. Yes I am aware that I am not supposed to be there; but I am a homeless human being and human beings need to sleep. Where am I supposed to go?

Anyway I awoke to the sound of someone walking down the levee. I looked up and I saw Winston. He kicked me in the head and struck me several more times. I lost consciousness. When I woke up I had blood all over my face. It had leaked from my nose. My right eye was badly swollen. I then went back on the radio the next morning and spoke up about police brutality."

Other than corrections for speller and grammar, this is his verbatim account taken directly from the SCPD "Citizen Comment Form" he filled out.
by Robert Norse
Corey (who used the psuedonym Billi on my free radio show) brought me the above report yesterday evening.

He also reported that subsequent to his filing the complaint, Winston and three other officers against approached him in the presence of a witness. Winston confronted him, saying "you said I kicked you in the face". Corey said "yes I did, and this conversation is over." Winston, according to Corey, kept pressing the discussion, and Corey kept repeating his insistence he did not want to talk with Winston. After a bit Winston and the other officers left.

I discussed this further on last night's radio show, archived at http://www.radiolibre.org/brb/brb080904.mp3 .

One of my demands on Sunday in our planned protest at the Bookshop Santa Cruz (Mayor Coonerty's business) will be that Winston be suspended pending investigation and that Sgt. LeMoss--the man who broke Deiss's arm--be fired and criminally prosecuted.
by a2000
By the way Robert...any update on Donna's hearing that happened Wednesday.

I notice you often publicize upcoming hearings but really report to let us know what happened.

I would appreciate better updates.

And I think Officer Winston's comment about "you said I kicked you in the head" actually makes me believe this "story" is false, if I had been "brutalizing" someone and kicked them in the head and heard about the complaint from this male, I would have said a lot more than that. It comes off to me that Officer Winston doesn't know why this male made this complaint...sounds more like disbelieve that someone would accuse him of this.

I hope this male gets cited for camping...since he admitted it...and that if he feels so brutalized in our community he should hitchhike his way back to where he came from...just like all the other people that come here looking for a handout.
by Robert Norse
Sorry, a2000 (interesting name). I do usually provide updates. The hearing actually didn't happen at 10 AM, but actually, according to the bailiff and co-counsel Greg Cobin happened earlier. Trial was set for early November.

Donna intends to make a lengthier public statement soon, but it appears some official agency is offering her and the attorneys a significant sum to drop the case. The D.A. on the case, reportedly said "the case is political". It appears they may be using the trial to pressure her to accept a pre-trial settlement--very unusual in case that hasn't gone through the criminal process.

Of course, this sounds like it's all in aid of getting the real criminal--Sgt. Christian LeMoss--and those who covered up his assault off the hook.

Incidentally, a2000, have you made any prior comments on indybay about the Deiss case? Just curious.
by a2000
Actually Robert, yes I have. I commented on the letter she had posted not that long ago that made no sense...and it is a good thing she is not representing herself...that comment I believe consisted of "blah blah blah" but was subsequently deleted...of course probably just in error because I know a website that "fights" for free speech wouldn't censor my comments.

Thanks for the update.

(And you never know Robert...in this day and age that could be my legal name...I've seen a lot worse.) =)
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